Planning Poker Terms of Service

Introduction

Welcome to the Planning Poker www.planningpoker.com web site (the “Site”) provided to you by Mountain Goat Software, Inc. (“MGS”). MGS makes the Site and the related Services on the Site (“Services”) available to you subject to the terms and conditions (“Terms”) of the Planning Poker Terms of Service Agreement (this “Agreement”).

Important: if you choose to accept this agreement, you must do so as it is presented to you—no changes (additions or deletions) will be accepted by MGS.

For the purposes of this Agreement the following definitions apply:

1. Registration

To use the Services of the Site, you must first create an account (the “Account”) on the Site. To create your Account you must be a human at least 13 years old (or such older minimum age as may be required by applicable local law). Accounts registered by “bots” or other automated methods are not permitted. When creating your Account, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Account Data”) and (b) maintain and promptly update the Account Data to keep it true, accurate, current and complete.

2. License Grant to Use Site and its Services

Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive and non-transferable license to use the Site and all Services on the Site. This license is exclusive to you and you are not permitted to share you Account login information with anyone else. You are permitted to invite any number of Game estimators (“Estimators”) to the Site to participate in your Games. Each Estimator will only have access to the Game in which you have invited them to participate. No personal information regarding your Estimators will be stored on the Site and the Site will not recognize any Estimator from one Game to the next. Other than inviting Estimators, you may not sublicense the use of the Site or provide, disclose, distribute, transfer, or otherwise make available the Site to any individuals or entities that we have not specifically authorized to receive access to the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of this Agreement for any reason.

3. Support

Technical support of the Site Services is provided at our sole discretion. You may submit email support-related questions at: . We do guarantee a response to any support question within any defined time period.

4. Unauthorized Uses

You may not use your Account for any purposes other than planning poker Games. We may immediately disable or terminate your account if you perform any of the following unauthorized actions including, but not limited to:

  1. Using the Site for any illegal or unauthorized purposes that violate any laws in your jurisdiction (including but not limited to copyright laws).
  2. Modifying, adapting or hacking the Service or modifying another website so as to falsely imply that it is associated with the Service or MGS.
  3. Uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature.
  4. Significantly exceeding the average bandwidth usage (as determined in our sole discretion) of other Site users.

5. Account Content

Information you (and your invited Estimators) create when using the Service (i.e., Content) is stored on the Site. We will not be responsible for any archiving or backup of any Content. We do not guarantee or warrant that any Content in your Account will be free of inadvertent damage, corruption or destruction. If any Content is damaged, lost or corrupted in any way, we will have no obligation or liability to you whatsoever. You are responsible for transferring off of the Site any and all Content in your Account. When you delete your Account, we automatically will delete your Content from the Site. We reserve the right to delete Content (without any prior notice to you) from the Site for technical reasons, including, but not limited to, insufficient storage.

6. Availability

We use reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. We will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You are responsible for obtaining access to the Site and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.

7. Security

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We do not guarantee that your Content will be secure during transmission.

8. Suspension and Termination of Access and Account

In our sole discretion, we have the right to suspend or terminate your Account and refuse any and all current or future use of your Account, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We reserve the right to refuse Service to anyone for any reason at any time. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Site. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Services.

9. Trademarks

All brand, product and service names used on the Site that identify Planning Poker, MGS, the Site and any Services are proprietary marks of MGS or one of its affiliates. All brand, product and service names used in the Services that identify third parties and their products and services are proprietary marks of such third parties. Nothing on the Site shall be deemed to confer on any person any license or right on the part of MGS or any third party with respect to any such image, logo or name.

10. Use of Our Marks

We grant you a limited, revocable, non-sublicenseable, non-exclusive, royalty-free, non-transferable license to use, reproduce, display and perform in printed and electronic media (including, but not limited to, promotional materials and website) the URL www.planningpoker.com, the name Mountain Goat Software, and the Mountain Goat Software logo and any logo associated with and available from the www.planningpoker.com Site (collective our “Marks”). You agree to use our Marks in accordance with any written guidelines or policies that we might provide to you. Upon termination of this Agreement, or sooner at our sole discretion, we may revoke your use of our Marks, in which case you must immediately discontinue such use. You may not in any way modify, amend or change our Marks.

11. Ownership and Intellectual Property Rights

You acknowledge and agree that we own all intellectual property rights, title, interest and associated goodwill in and to the Site and all software and concepts (and their documentation) associated with the Site and its Services including all patents, licenses, copyrights, trademarks, know-how enhancements, updates, improvements and derivative works to any of the foregoing whether made by us alone, suggested by you, or developed jointly with or by others (including but not limited to the addition of new features, design changes, ideas, concepts, know-how, approaches, processes, methodologies and techniques). As a condition of use, you agree to inform all of your invited Estimators of our aforementioned intellectual property rights. We claim no intellectual property rights over your Content except for the Metadata, which we own.

12. Privacy Policy

Your Account Data and your Content is subject to our Privacy Policy. For more information, see our full privacy policy at www.planningpoker.com/privacy.html. You understand that through your use of the Site, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by MGS and its affiliates.

13. Amendment of Terms

You agree that we retain the right to amend these Terms and the Site and Services and prices at any time, for any reason, and without notice, and the right to terminate the Site or any Service of the Site. You agree to review the posting of this Agreement at www.planningpoker.com/terms.html periodically to be aware of such changes. You will be bound by all such modifications, whether or not you have notice thereof. If any future changes are unacceptable to you, you should discontinue using the Service. Your continued use of the Service now, or following the posting of notice of any such changes, will indicate your acceptance of this agreement, and of any such changes.

14. Disclaimer Warranty

The Site and its software and any Content available through the Site are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. Including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, MGS makes no warranty that the Site, including the Services, will be uninterrupted, timely, secure, or error free, that the Site or its server(s) is free of viruses or other harmful components, that the Site, including the Services will be available, or that Content created on the Site is secure from unauthorized access. MGS makes no warranty regarding any software, goods, services, promotions, or the delivery of any software, goods or services, purchased, accessed or obtained through the Site or advertised through the MGS Site. No advice or information given by MGS, its employees or affiliates shall create a warranty.

15. Limitation of Liability

  1. You acknowledge, by registering on the Site and your use of the Site, including any software or Content on the Site, and any reliance upon it or the results you generate by using it, is at your sole risk. You agree that, to the fullest extent permitted by applicable law, under no circumstances shall MGS or its officers, directors, shareholders, parents, subsidiaries, affiliates, agents or licensors, or any third party provider of data or information, be liable for any consequential, indirect, incidental, special or punitive damages, loss of business revenue, lost profits, or loss of data, whether in an action under contract, negligence or any other theory, arising out of your use of or inability to use the Services or the Site, or your reliance on any advice, information, or Content on the Site or provided as part of the Services, even if MGS or any related party has been advised of the possibility of such damages. You agree that MGS shall have no liability for any Content. You specifically acknowledge that down-time, loss of Content, and computer viruses are risks inherent in the use of the Internet and software products, and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from these possible harms. You also specifically acknowledge that you may be disclosing sensitive, private and confidential Content about yourself, your company or your project in your use of the Site and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from your release of such Content.
  2. If you are dissatisfied with the Site, or with any of these terms, or feel MGS has breached these terms your sole and exclusive remedy is to discontinue using the Site and the Services. The total liability of MGS to you for any claim arising from or relating to these terms or use of the Site shall not exceed the amount paid by you for the Services in question. It is the intention of both of us that this provision be construed by a court as being the broadest limitation of liability consistent with applicable law.

16. Indemnification

You agree to indemnify and hold MGS, and its subsidiaries, affiliates, officers, agents, co-branders, other partners, employees and Account holders, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of these Terms, or your violation of any rights of another.

17. General

  1. Applicable Law and Jurisdiction. The parties agree that this Agreement and any claims hereunder shall be governed by and subject to the laws of the state of Colorado, without giving effect to any principles of conflicts of law. In the event that a dispute is required to be litigated, you agree that the proper forum for any and all claims under this Agreement will be the state and federal courts located in Boulder County, Colorado, and you agree to submit to the jurisdiction of these courts. The prevailing party in any action will be entitled to recover reasonable expenses, including attorneys' fees. Your use of the Site and Service is subject to all applicable local, state, national and international laws and regulations.
  2. No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services or any of the Content contained therein.
  3. Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and MGS as a result of this Agreement or use of the Services.
  4. Force Majeure. MGS will be not liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond MGS’s reasonable control.
  5. Waiver. The failure of MGS to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by MGS in writing.
  6. Construction. The headings of Sections of this Agreement are for convenience and are not to be used in interpretation.
  7. Entire Agreement. This Agreement constitutes the entire agreement between you and MGS and governs your use of the Site, superseding any prior agreements between you and MGS. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

18. Contact

MGS is located in Lafayette, Colorado, U.S.A. Any questions, comments or suggestions, including any report of violation of this Agreement should be provided to the Administrator as follows:

By E-mail:
By Postal Mail: PO Box 165, Lafayette, Colorado 80026